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Opioid settlement with Johnson & Johnson could result in a $413,000 windfall for Genesee County, attorney says

By Mike Pettinella

Genesee County stands to receive more than $400,000 via a settlement between New York State and the pharmaceutical companies comprising the Johnson & Johnson brand for their role in contributing to the nation’s opioid epidemic.

The county’s Human Services Committee today, on the advice of County Attorney Kevin Earl, recommended adoption of a resolution that would enable Genesee to participate in the New York Opioid Sharing Agreement.

The settlement, negotiated by New York Attorney General Letitia James, would provide Genesee County with a sum between $177,000 and $413,000, Earl said, with approximately half of the money to be "front-loaded" as an initial payment representing the first three years – possibly as soon as February 2022.

"It is my understanding that the balance will be paid over the next nine years on the state's remaining 10-year payments," he added.

Earl said the actual amount is on a sliding scale, depending upon the number of municipalities opting in.

He said there is a good chance that the county would get its full share of the settlement funds, which could be as high as $229 million to New York State.

The resolution passed by the HSC (which is subject to approval by the full legislature next week) alleges several causes of action against defendants Johnson & Johnson, and affiliates based on claims that J & J contributed to the opioid epidemic by falsely promoting prescription opioids it manufactured and sold and by falsely promoting the increased use of opioids directly and generally through various “front groups” and failing to implement measures to prevent diversion of prescription opioids in connection with distribution of its products, all of which contributed to a public health crisis in the County of Genesee.

As reported previously on The Batavian (see link below), Genesee County has retained the services of Napoli Shkolnik PLLC of New York City to litigate on its behalf. Earl said this firm and another based in New York City represent the vast majority of municipalities in New York State.

Earl said two other law suits are in the works – one against Pharma, maker of oxycontin, which has filed bankruptcy (reorganization) and the other against the distributors of these powerful drugs.

“That’s three potential bites of the apple (for the county),” he said.

Any funds received in the Johnson & Johnson case would have to be used in areas related to expenses incurred as a result of the opioid epidemic, Earl said, although “there is quite of bit of flexibility” in the guidelines.

Those uses would include treatment/support groups, prevention, training, first responders and research. Allocation of the funds is being coordinated by the NYS Office of Addiction Services and Supports.

Previously: GCASA director: Multimillion dollar deal with opioid distributors would 'stabilize' treatment system

Lost Pet: 'Appollo' is needed back at home

By Howard B. Owens

UPDATE: "Appollo" is home safe.

"Appollo" isn't lost in space but he is lost somewhere in Batavia.

His family would every much like him to return the the mothership on Hawley Drive.  He's been adrift since 8:30 a.m.

He's a skittish chap but will answer to his nickname, "Po." 

"Appollo" has made only one-and-a-half rotations around the sun, so still just a pup.  He is a husky and black and sliver and weighs about 50 pounds.

If found could they contact the Genesee County Animal Shelter, BPD, or leave a message at (585) 343-6865.

Appreciation for skilled trades is at the heart of four-county region's GLOW With Your Hands career event

By Mike Pettinella

Congressman Chris Jacobs no doubt spoke for millions of Americans when he expressed his appreciation for those men and women who possess the ability to work with their hands.

Jacobs was the keynote speaker this afternoon as economic development, business and educational leaders from the four-county area gathered together at the Genesee County Fairgrounds to promote the third annual GLOW With Your Hands career exploration event.

The career day is scheduled for Sept. 28 at the fairgrounds on East Main Street Road.

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Related story: Dansville construction firm excited to support 4-H

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About 700 students in grades 8-12 from 30 school districts and home school groups along with 40 vendors from different trades are expected to participate.

“Prior to being in elected office, I have a real estate development company – mostly in Erie County. But, I have no skills, myself, as far as trades, and my wife will attest to that,” Jacobs revealed, drawing a laugh from the 30 or so people in attendance.

“But, I’ve always enjoyed so much … working with the trades and I still do a little bit – projects – because I was always amazed by the skill sets they brought. Their ability to – I think someone said, problem-solve. That’s what they do every single day because every single project has different variations and challenges and factors, and they have to adopt.”

Jacobs said that the “level of skill and adaptability that I’ve seen in the trades is something that I’ve always had such admiration for, and that’s one reason I enjoyed so much being a real estate developer.”

With that in the backdrop, Jacobs said he will continue to work with Assemblyman Steven Hawley (who spoke after him) and state leaders to secure the funding necessary to keep GLOW With Your Hands going – and hopes that he will be able to attend the event on Sept. 28.

He said he was impressed with the inaugural event in 2019, noting that he took part in the nail hammering competition and tried his hand at welding.

“I have always thought … it’s giving children – I think it’s very important for our kids to see a future that lies ahead and opportunities that lie ahead …,” he said. “I also think that, and I know we have educators here, that the ability to understand application (and kids realizing that) ‘OK, that makes sense why I’m in class learning math because I need to measure things and it actually has a real world application.’”

The NY-27 representative commended the many partners in the GLOW (Genesee, Livingston, Orleans and Wyoming) region that “are doing so many things for this event, but also in charting the new path for the future of our region.”

“It cannot happen without a skilled workforce. So, this is critically important for the future of these children to be able to achieve what their dreams, aspirations and talents lie, but also that we cannot achieve our broader objective without them.”

Jacobs emphasized the importance of having local leaders determine the outcomes for their communities.

“Bring it down small, bring it down local to empower those on the ground to be able to do what they think is right,” he said. “That’s what we need in our federal policy, too, and clearly what you’re doing with federal resources – and I want to make sure we get more federal resources to you to continue to build upon this … that we go every year to make sure that we have more and more kids going into the trades.”

Chris Suozzi, vice president of workforce development, Genesee County Economic Development Center, and Jay Lazarony, executive director of the GLOW Workforce Development Board, are co-chairs of this year’s GLOW With Your Hands career fair.

Suozzi thanked Genesee Construction of Dansville as double platinum sponsor and LandPro as platinum sponsor, before commending the event’s executive committee and volunteers from the educational and business communities.

“Workforce development is a team effort,” he said. “We know that often the most important aspect of the region’s competitiveness is the quality of the workforce. And with an educated and skilled workforce that businesses can tap into to sustain their operations, the GLOW region will meet the needs of companies and communities.”

Suozzi said the area’s youth are talented, and need to learn about career exploration prior to graduating because it would be “too costly and too late” after that.

He noted that participants at the career day will experience first-hand activities associated with careers in agriculture, skilled trades like welding, bricklaying, electrical wiring, heavy equipment operation and “advance manufacturing that tie into our number one program that we just announced at the Genesee Valley Partnership (BOCES) in electromechanical.”

“(It’s) the number one program in New York State, and we’re excited about that,” he said.

Others involved in making the career fair happen, who spoke during the 30-minute presentation today, are as follows:

Karyn Winters, Genesee County Business/Education Alliance director:

“GLOW With Your Hands is providing students with great pathways to a strong network of programs to guide their growth. Businesses have been tremendously supportive of this mission and also provide great jobs.

“With the BEA, I get first-hand the excitement that kids have working with their hands. We just finished out summer career exploration camps this year, and with GLOW With Your Hands even more students will have the opportunity to see various construction trades that will be at this event.

“Trades and many companies offer apprenticeship programs that can result in workers acquiring highly sought-after skills.  Live demonstrations and start the recruitment process for their next generation of workers.”

Molly Huangs, LandPro Equipment (John Deere distributor) marketing manager:

“It has been an amazing experience to see organizations from four counties work together in collaboration to promote career trades in our area. It is also truly been incredible to see so many companies offer support as well as investing financially.

“Being able to promote to our youth the incredible opportunities and careers available right here in our four-county region is critical to many businesses, including our own.

She said LandPro’s technicians’ career paths they have chosen allow them to “feel fulfillment at the end of every day.”

“That is the message that we as the GLOW With Your Hands career fair committee is working to get to our youth and their families. A career in trades offers our youth to work hard, learn, continue education and provide a lasting and lucrative career that can combine passion with success.”

Angela Grouse, Livingston County Chamber and Livingston Education Alliance director:

“Students with a wide array of interests and abilities will have the opportunity to explore today’s world of work. Hands-on interaction with over 40 vendors from agriculture, advanced manufacturing, skilled trades and food production industries will support students in discovering amazing career opportunities, featuring good pay, competitive benefits and upward mobility that exist right here in our own backyards.”

She said she hears from businesses daily on the challenges of finding qualified staff, as well as the talent pipeline and skills gaps, and the importance of workforce development.

“They are asking how they can connect and share opportunities, and develop the next generation of employees. The answer is right here at GLOW With Your Hands.”

Jay Lazarony, GLOW Workforce Development Board executive director:

He thanked the sponsors and the “army of volunteers that will ascend upon the fairgrounds in just four short weeks.”

“It is no secret that there is a strong demand among employers to replace retiring workers and in some instances, the need is immediate – especially businesses that require specific skills … It’s important to note that a significant portion of these jobs do not require a four-year college degree.

“Training provided by these companies in our region’s workforce and educational organizations can result in someone starting a great career soon after graduation. How many of you would have liked that advantage when you were just graduating from school?”

Assemblyman Steven Hawley:

Hawley mentioned that in 2019, Gov. Kathy Hochul, then New York’s lieutenant governor, participated in the GLOW With Your Hands event.

“I think we have a good partner in her, as well, to support these kinds of efforts,” he said.

Then, he brought up the abundance of employment opportunities around the state (as he did in a story on The Batavian on Sunday).

“We need folks to want to work again. We need them to have their hands on instead of their hands out. We want folks to be contributing members of this society that makes America what it was and hopefully will be again.”

Photo: Key contributors to the 2021 GLOW With Your Hands career exploration event are, from left, Jay Lazarony, Angela Grouse, Alexis Merle, Congressman Chris Jacobs, MaryEllyn Merle, Chris Suozzi, Assemblyman Steven Hawley, Karyn Winters, Molly Huangs. Photo by Mike Pettinella.

Dansville construction firm excited to support 4-H

By Mike Pettinella

The project manager for Genesee Construction of Dansville said her company couldn’t be happier about its contribution to this year’s special project for the GLOW With Your Hands career day on Sept. 28 at the Genesee County Fairgrounds.

MaryEllyn Merle, speaking after today’s session to promote the event, said Genesee Construction will be building a handicap ramp leading to the entrance of the Laing Kennedy 4-H building at the fairgrounds.

“Rather than bringing something here and have it set up to show the kids a fake sidewalk, for example, why not do something for the fairgrounds at the same time?” she said, noting that her firm will be donating its time and materials for the ramp. “And what makes it better is that it is going to support 4-H because we’re super passionate about 4-H.”

She said masons will come to the fairgrounds the day before the event and form and prepare the slab.

“Then, on September 28th, we will have a couple of our masons on site who will pour and show the kids the technique of finishing the sidewalk. That’s the hands-on project,” she said.

Merle said the ramp will measure about 12 feet, and will feature a railing outside of the door.

In 2019, Genesee Construction poured an 81-foot sidewalk at the fairgrounds’ arena in conjunction with GLOW With Your Hands.

“This event gives us hope that we’re going to find the next generation of youth for these highly-skilled jobs,” she said.

Photo: Alexis Merle, left, executive assistant, and MaryEllen Merle, project manager, of Genesee Construction showing ramp that their company will be building. Photo by Mike Pettinella.

Sharrick Road Bridge expected to be closed to all traffic for three months

By Press Release

Press release: 

The Sharrick Road Bridge between Colby Road and Harper Road will be closing on Sept. 7 for a bridge replacement project. This project is expected to take 3 months. During this time the road will not be passable to regular traffic or emergency vehicles. A detour will be posted.

O-A superintendent: We're 'frustrated and upset' with NYS DOH's mask requirement for all in classrooms

By Mike Pettinella

Update, 4 p.m. from Paul Pettit, Genesee County public health director:

"This is a mandate that is coming from the New York State Department of Health, based on the CDC guidelines for COVID-19 Prevention in K-12 Schools.  Prior to this new state wide mandate, we were working locally to develop district level re-opening plans based on the CDC guidelines, with each district making a local decision on their approach.

"We will continue to work and support the schools in our counties to have a safe and effective school year, as our priority is to have all students present for in-person learning." 

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This weekend’s announcement by the New York State Department of Health requiring mask wearing for everyone inside all school buildings essentially nullifies any school district reopening plans that recommended, but did not require, face coverings in the classrooms.

Oakfield-Alabama was one of those districts that decided to not require masks while teachers and students were in class – basing its decision on an Aug. 4 directive from former Gov. Andrew Cuomo’s office that the state was leaving reopening guidelines up to local school districts in conjunction with local health departments.

Friday’s emergency regulation by the NYSDOH -- taking its lead from the new governor, Kathy Hochul -- is both frustrating and upsetting, O-A Superintendent John Fisgus stated this morning.

“I know the majority of this school community (and Board of Education) are extremely frustrated and upset with this turn of events,” he wrote, replying to an email from The Batavian. “So, now here we stand with a school mask mandate while indoors. It doesn't make sense to have such an umbrella mandate as every district and school community is unique.”

Fisgus said the state should be able to have confidence in local school boards, administrators and teachers to do what is right in the face of a prolonged COVID-19 situation.

“Trust us that we are smart enough to work with our local health departments to monitor COVID and do what is in the best interest (and safety) of our local towns, villages and schools,” Fisgus added.

As previously reported on The Batavian, Fisgus sent out a survey to the community about mask wearing, and the results overwhelmingly were in favor of making it a personal choice on whether to wear one in the classroom.

The O-A plan stipulates that masks are required on the bus and when entering the school buildings and reporting to classrooms, and while traveling in the hallways between classes and/or to different locations within the buildings.

Over the past two weeks, Fisgus said those in power at the state level have changed their viewpoint on face coverings to make that issue part of a statewide binding guidance for all districts.

“But, we were never part of those discussions,” he advised.

Scott Bischoping, Batavia City Schools superintendent, said the district is following through with the NYSDOH guidelines. He said Batavia held off on releasing its formal reopening plan “based on the new governor’s words that she was going to make an announcement in that area.”

“We had not come out with any plans regarding the masking other than knowing that we would be masking,” he said. “We shared with parents that for certain we’d be having to mask on the bus, but were waiting other feedback before we announced anything.”

Bischoping said the district has been operating within the county and state health guidelines regarding contract tracing and quarantine.

“We’re used to following through with that,” he said. “We’ve done that for the last year-plus, and we’ll continue to do that and hopefully at some point we won’t have to do that, regarding masking or quarantining or any of those things associated with COVID.”

Genesee County Public Health Director Paul Pettit was not immediately available for comment.

Law and Order: Batavia man accused of predatory sexual assault against a child

By Howard B. Owens
Wesley Thigpen

Wesley N. Thigpen, 40, of Batavia, is charged with two counts of predatory sexual assault against a child following a sex abuse investigation by Det. Jason Ivinson. Thigpen is accused of a continuous course of conduct where he sexually abused two children while they were under age 13 in the City of Batavia between 2007 and 2016. Thigpen was arraigned in City Court and ordered held without bail. (Thigpen is currently in state prison serving a sentence on prior sexual abuse charges. Mugshot is from 2019.)

Nathan W. Stringer, 46, of West Linden Avenue, East Rochester, is charged with DWI, DWI with children in the vehicle (Leandra's Law), breath test refusal, moved from lane unsafely, and unlicensed operator.   At 9:28 p.m., Aug. 28, deputies responded to 8483 Alleghany Raod, Pembroke, for a report of a vehicle accident and a vehicle in a ditch.  Stringer was reportedly operating the vehicle and allegedly found to be intoxicated. There were four children in the car, all under age 15. Stringer was issued an appearance ticket.

Norman James Humel, 62, of Sumner Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, unreasonable speed, moved from lane unsafely, failure to keep right, and refusal to take breath test. Humel was arrested following an investigation into a motor vehicle accident at 5:22 p.m., July 19, on Read Road in Pembroke by Deputy Kyle Krzemien. Humel was released on an appearance ticket.

Zachary S. Natale, 28, of Beacon, is charged with grand larceny 4th and burglary 2nd. Natale was charged with a burglary on Elm Street in May 2017.  He is currently in prison at Fishkill Correctional Facility on unrelated charges. He was ordered held without bail.

Joseph D. Turner, 39, of Albion, is charged with harassment. Turner was arrested on a warrant. He was arraigned in City Court and released on his own recognizance.

Eric P. Doleman, 51, of Pembroke, is charged with petit larceny and criminal possession of a forged instrument 1st. Doleman is accused of knowingly using a counterfeit $100 bill at a local business. Doleman was arraigned in City Court and ordered held without bail.

Rhonda L. Reisman, 49, of Batavia, is charged with criminal contempt 2nd. Reisman allegedly failed to comply with a court order. She was issued an appearance ticket.

Brian P. Griffin, 36, of Batavia, is charged with criminal obstruction of breathing, attempted assault 3rd, and endangering the welfare of a child. Griffin is accused of getting into a physical dispute with a juvenile on Ellicott Place at 4 p.m., Aug. 18. Several other children were allegedly in close proximity to the incident. Griffin was arraigned in City Court and ordered held on $2,500 bail, $5,000 bond, or $10,000 partially secured bond.

Alyssa J. McKenzie, 23, of Batavia, is charged with harassment 2nd. McKenzie is accused of punching another person in the face on Aug. 23. She was issued an appearance ticket.

Andre L. Bryan, 42, of Batavia, is charged with harassment 2nd. Bryan is accused of striking a Batavia police officer in the face during an incident on Aug. 24 on East Avenue. He was issued an appearance ticket.

Michael J. Robbins, 61, of Batavia, is charged with petit larceny and criminal possession of a controlled substance. Robbins was allegedly found in possession of stolen property after an investigation into a larceny on East Main Street, Batavia.  He was issued an appearance ticket.

Danielle R. Tooley, 36, of Batavia, is charged with bail jumping 2nd. She was arrested by State Police and released on her own recognizance. 

Abigail E. Button, 26, of Charlotte, N.C., is charged with assault 3rd and criminal mischief 4th. Button was arrested by State Police at 10:51 p.m., Aug. 28 in the Town of Batavia. No details of the incident were released. She was issued an appearance ticket.

Tzepheniah R. Maccabees, 21, of Buffalo, is charged with DWI.  Maccabees was stopped by State Police at 5:20 a.m., Aug. 22, in the Town of Batavia. He was issued an appearance ticket.

Shawnika D. Spears, 34, of Buffalo, is charged with identity theft 3rd. Spears was arrested by State Police at 2:21 p.m., Aug. 13, in the Town of Alabama. She was issued an appearance ticket.

Planning director praises Census committee for 'finding' 327 additional people in City of Batavia's Ward 6

By Mike Pettinella

Genesee County Planning Director Felipe Oltramari, in an email this morning, commended the county’s Complete Count Committee for its efforts in “finding” more than 300 people in the City of Batavia's Sixth Ward.

“We are happy to report that just in that tract/ward alone, we were able to find an additional 327 people in 2020 that were not counted in 2010,” Oltramari wrote.

He went on to surmise that it was “very unlikely” that 327 net additional people moved into that “southside” ward in the previous 10 years, since the rest of the county lost population and no substantial new housing was built in that ward during that time.

“It is more likely that these people were not counted in 2010 and we were able to reach them through this committee’s outreach efforts,” he said.

He wrote that the committee was tasked by the U.S. Census bureau to target the Sixth Ward due to a probable undercount in the 2010 Census.

Oltramari also reiterated what was reported on The Batavian on Aug. 13 that Genesee County’s population decreased from 60,079 in 2010 to 58,388 in 2020 – but that is more than the Census Bureau’s 2019 estimate of 57,808.

“This no doubt was partly due to this committee’s outreach efforts last year, and we found further evidence of this as we dug deeper into the numbers,” he concluded.

More data on changes for NY State can be found at: https://pad.human.cornell.edu/census2020/index.cfm#pl

Previously: 2020 Census shows Genesee County population fell by 2.8 percent from 2010; City of Batavia gained 135 people

New York State Department of Health mandates masks inside all school buildings

By Mike Pettinella

Following a call from Gov. Kathy Hochul for a mask mandate in schools, the New York State Department of Health on Friday filed an emergency regulation mandating masks inside all school buildings, CBS New York reported.

According to the report, all students, faculty and staff of public and private schools, pre-K through 12th grade, will be required to wear masks inside school buildings. Visitors will also be required to wear masks inside school buildings.

A letter from Health Commissioner Howard Zucker cites the increasing circulation and transmissibility of the Delta variant as a driving factor for the mandate, the story indicated.

At her inaugural address Tuesday, Hochul called for a mask mandate for both public and private schools.

Batavia Cemetery Association announces return of Ghost Walk

By Press Release

Press release:

The Batavia Cemetery Association is excited to announce that the annual Halloween Candlelight Ghostwalk is back! Join us to meet the famous and infamous movers and shakers who shaped and influenced the City of Batavia on Saturday, October 23rd, 2021, on a ghost walk through the Historic Batavia Cemetery on Harvester Avenue in Batavia, NY. 

The guided tour on candlelit paths will bring guests to meet men and women of Batavia, who, for various reasons, held great power and exerted great influence in their day, were victims of tragic events, or both. Philemon Tracy, one of the few Confederate officers buried in the north, Ruth the unknown victim of a horrendous murder, Joseph Ellicott, a man of great power and great flaws, and William Morgan, the man who disappeared and was allegedly murdered before he could reveal the secrets of the Masons, are some of the ghosts who will tell their stories on the tour.

Also visiting will be Civil War veteran General John H. Martindale, who was Military Governor of the District of Columbia in 1865 and James Holden, a sergeant in the American Revolution. Dean and Mary Richmond, who greatly influenced business and civic life in Batavia in the 1800s, will meet with guests in their beautiful mausoleum on the last stop of the tour. Mr. Richmond made a great fortune in Great Lakes shipping and was the second president of the New York Central Railroad. Mrs. Richmond vastly expanded her husband’s fortune after his death and sat on the boards of many businesses and civic organizations. 

Tours begin at 7:00 p.m. and run every fifteen minutes until 8:30 p.m. Admission is $10 and includes refreshments. Reservations are required. Proceeds benefit the upkeep and restoration of the cemetery. For more information, or to make reservations, contact (585) 943-5662.
 

Youth Court member receives scholarship from state organization

By Press Release

Press release:

Julie Muntz, a Genesee County Youth Court member since 2018, and a 2021 Graduate at Oakfield-Alabama Central School was one of the 30 Youth Court members who applied for the Association of New York State Youth Courts Scholarships. The ANYSYC awarded four regional scholarships and one Judge Judith Kaye Memorial Scholarship. The Judge Judith Kaye Memorial Scholarship was awarded to the highest graded applicant, which was awarded to Julie! Julie received the highest grade on her application out of the other 30 youth from all over New York State. To qualify for the ANYSYC scholarship, the youth court member must be a graduating senior and a member of a Youth Court Program that paid membership dues to ANYSYC in 2021. The applicant must enroll in a 2 or 4-year program at an accredited college/university. The individual must be of good moral character, have demonstrated civic responsibility through volunteerism, and have a good strong desire to make a contribution to his/her community. The process included an application, an essay including educational goals, career goals, why they are deserving of this scholarship, and what being a member of a Youth Court has done for them, along with one letter of recommendation. On behalf of ANYSYC, Julie was awarded $500 to put towards her college education where she is now attending Canisius College to study Animal Behavior. Julie plans to stay involved in the Genesee County Youth Court Program as an advisor which really shows her dedication and worthiness of this scholarship. Congratulations Julie!

Hurricane Ida expected to cause gas price spike in coming week

By Press Release

Press release from AAA:

Today’s national average price for a gallon of gasoline is $3.15, down one cent from last week. One year ago, the price was $2.23. The New York State average is $3.23 – up one cent from last week. A year ago, the NYS average was $2.30. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia - $3.24 (up two cents since last week)
  • Buffalo - $3.16 (up two cents since last week)
  • Ithaca - $3.20 (up two cents since last week)
  • Rochester - $3.20 (up one cent since last week)
  • Rome - $3.27 (no change since last week)
  • Syracuse - $3.18 (no change since last week)
  • Watertown - $3.22 (up one cent since last week)

Gas prices began to fluctuate over the weekend due to Hurricane Ida impacting the Gulf Coast, though mostly in states in the storm’s path. A storm like this typically causes an increase in fuel purchases in the market and a slowdown in production due to oil refinery shutdowns. Spikes in pump price due to the effects of the storm tend to be brief but dramatic. Furthermore, the upcoming Labor Day weekend holiday travel could push prices up based on demand.

From Gas Buddy:

"While the national average price of gasoline declined yet again over the last week, Hurricane Ida has been causing countless disruptions to critical infrastructure, including oil production, refineries and pipelines. We're likely to see a reversal this week, but motorists need not be too concerned at this point," said Patrick De Haan, head of petroleum analysis for GasBuddy. "I expect the national average to rise in the neighborhood of 5-15 cents per gallon in the next couple of weeks- far smaller than the impact from Hurricanes Katrina and Harvey, but with damage assessments still to come, it’s possible we see slight deviation from that. While Colonial Pipeline shut Lines 1 and 2 as a precaution, it’s highly unlikely that this will cause any long-term disruption to fuel supply as we saw months ago after the company was hacked. The biggest question for refineries will be the flooding- which could alter the rise in gas prices, but the odds of a massive surge in gas prices nationwide are extremely low."

Audit reveals Genesee County fared better than anticipated in 2020; net position increased by $4.2 million

By Mike Pettinella

Genesee County came out much better than expected in terms of its financial health in 2020, according to the certified public accountant who conducted the municipality's yearly audit.

“You fared fairly well. You had budgeted a deficit, and you actually came out better than you had anticipated,” said Kathryn Barrett, director at Freed Maxick CPAs, P.C., as she and colleague Nicole Ryan summarized their report earlier this month for the Genesee County Legislature.

Barrett said the county took in about $5.3 million less than budgeted in 2020 (its fiscal year is January through December), but spent about $8.5 million less than budgeted.

“So, budget to budget, you did much better, and that helped build that positive fund balance,” she noted, adding that the audit uncovered no deficiencies or material items.

The county’s net position of primary governmental activities increased by $4.2 million from 2019 -- to $149.5 million, and its net position on business type activities increased by $2.9 million, she reported.

She said the audit looked at two sets of financial statements -- government-wide or “a picture of what you look like as an entity rather than a fund by fund basis” and fund basis or “how you look at yourself and manage your operations on a day by day basis.”

Genesee, at year's end, had a deficit of $19.8 million in the Tobacco Asset Securitization Corporation (which handles tobacco settlement funds), which is consistent with prior years, Barrett reported. The county, however, had positive balances in the self-insurance ($3.1 million, up $810,000); Workers’ Compensation ($1.8 million, up $1.2 million); and water ($3.9 million, up $1.4 million) funds.

Barrett said the county’s participation in the New York State Retirement System this year has had a significant impact on government-wide operations. She said the plan is underfunded, but some of that has to do with the fact that the plan was measured on March 31, right at the beginning of the COVID-19 pandemic.

“That increased the net liability on the government-wide financial statements by about $5.4 million – it almost doubled from what it was last year,” she said. “So, that can go up and down in any particular year because of the assets that are invested in the open market and how they are performing at any particular point in time.”

Noting that the retirement system is funded at high levels – 96.3 percent in 2019 and 86.4 percent last year, she said it was a “temporary blip” and the county could see “a complete turnaround next year …”

Looking at the fund basis figures, the overall fund balance increased by $1.3 million in the general fund to a total fund balance of $44.4 million. She said the county used about $10 million of its capital reserve, but also set money aside for 2021 to offset any revenue loss, and also appropriated money for sales tax, Medicaid and jail debt service.

On the revenue side, revenues decreased by $1.6 million or 1.5 percent, again better than anticipated, while expenditures decreased by just less than $500,000 or .5 percent.

She said the county is considered a low-risk auditee, based in part on spending $2.2 million less in federal funding from 2020 to 2019.

For 2020, the county’s primary government invested $7.3 million in governmental activities capital assets, including $2.1 million in construction work in process, $280,000 in buildings and improvements, $3.7 million in infrastructure and $1.2 million in equipment, machinery and other capital assets.

The county tax rate was $10.11 per $1,000 of assessed value in 2020, up 7 cents per $1,000 of assessed value from the 2019 county tax rate.

Ryan commented on the management report section of the audit, stating, “We didn’t have any findings from the single audit and usually those are the most lengthy findings that we would have.”

She also said she found no significant issues.

One operational matter involving cybersecurity was identified, Ryan said.

“Our risk advisory services provide a little more of an in-depth look from the cybersecurity perspective, from that IT (Information Technology) perspective,” she said.

Barrett said Freed Maxick’s advisory group would be available to assist the county in addressing this issue.

“They’ve helped other clients in this area identify weaknesses and help them remediate and put together a plan of remediation,” she offered.

Ambulance fire reported at the fairgrounds

By Howard B. Owens

An ambulance fire is reported 5056 East Main Street, Batavia the Genesee County Fairgrounds.

A chief on scene says the ambulance is fully involved.

Town of Batavia Fire responding.

Rath, Hawley call for Albany to release rent relief money, allow school districts to set their own mask guidelines

By Mike Pettinella

Genesee County’s representatives in Albany are unified in their thinking that New York State needs to release the $2 billion in federal rent relief money it has been holding on to and that local school districts – not the governor – should have the authority to develop their own reopening plans, especially when it comes to mask wearing.

The Batavian reached out to Sen. Edward Rath (photo at right) and Assemblyman Steven Hawley (photo at left) today, seeking the Republicans' opinions on the eviction moratorium issue, mask mandates for schools, extending emergency powers to the executive branch and working with Gov. Kathy Hochul, a lifelong Western New Yorker.

ON RENT RELIEF, EVICTION MORATORIUM

“We’re talking about a lot of money across New York State to the tune of $2.7 billion, and it’s my understanding that only about 10 percent of that money has been allocated for rent relief for tenants as well as reimbursement back to the landlords,” Rath said. “That is absolutely shameful.”

He said the state “needs to get its act together” to get these funds to tenants and landlords. Currently, the process to release this money has been slow and cumbersome.

“I will do everything in my power to make sure that we have a system and a process in place to rapidly dispatch this money,” he added. “And, I know that this is a priority of Governor Hochul; I’ve heard her say it on a couple of occasions.”

The senator said that he would be willing to go back to Albany for a special session on this topic, and also to participate in “a sensible discussion” about ending the eviction moratorium.

Recently, the U.S. Supreme Court ruled against the state’s moratorium, which is scheduled to end on Tuesday, but Rath said that Hochul and some state legislators are talking about ways to extend it once more.

He said he is “absolutely” against another extension.

“We need to start getting back to normal. All of the housing courts have been shuttered for well over a year, so there’s no opportunity for a building owner or a landlord to get any relief through the housing courts,” he said. “We have had this extended evictions moratorium for a very, very long time, and we need to bring some normalcy back to our housing and to the landlords, who have been paying their bills or struggling to pay their bills without any relief.”

Hawley blamed New York’s obsolete technology and unfair financial practices in his assessment of the rent situation.

“Well, just like everything else, money – when it involves the government, it tends to be not like the real world, necessarily,” he said. “It takes forever. We have an antiquated system in New York State for pretty much dispersing any money.”

The assemblyman said municipalities and counties have been waiting for money from the state for months on end.

Time to Stop ‘Floating’ the Money

“It’s called the ‘float’ … where an entity keeps someone else’s money and utilizes it for something else,” he offered. “So, good luck to the governor in terms of getting the money out to where it should be. Frankly, I have great deal of concern for those folks – landlords across the state who haven’t had any rent coming in.”

Hawley brought up another point of contention: The inability of employers to fill open positions.

“There are folks who could be going back to work,” he said. “We have signs up and down Main Streets all across State of New York; I’m taking pictures of them, in fact, showing ‘Help Wanted,’ ‘Apply Within,’ ‘Apply Online.’ ‘Apply by calling a number.’

“What happens, unfortunately, is that people are receiving money from the government in many cases – whether it’s for unemployment or other reasons, and they’re not willing to go to work. This, basically, allows folks … to receive something for nothing.”

He noted that landlords are in difficult straits.

“It has been well over a year since many of them have had any cashflow coming in themselves -- whether they’re a retired person who decided to buy a property and lease it out or someone … who has a business and depends on that for their living, and they’re working,” he said. “We need to get people back to work. There are plenty of jobs out there and we have got to stop sending money for people not to work.”

He agreed with Rath that the state has to simplify the process so tenants will be able to complete the paperwork to access the federal funds, but he stopped short of saying that it’s the property owners’ responsibility.

“There are landlords that could assist with that, but we’ve also got Social Services in each county, Office for the Aging, Cooperative Extension, churches that might be able to help folks fill those out,” he said.

ON MASK MANDATES IN SCHOOLS

Gov. Hochul, entering her second week in office, has made it clear that she wants a universal mask mandate where everyone must wear masks inside school buildings.

This is what she said on Thursday:

“So, we’re going to have a mask mandate. Get used to it, my friends! I’m going to make sure that that environment for school is safe for our children, teachers, and administrators, so that’s why we’re going to have that across the state of New York.”

In the eyes of Rath and Hawley, that is not the best way to proceed. Both said they are not in favor of a “one size fits all” approach.

“I firmly believe that the local authorities and local school districts know what’s best and know what’s right for their school districts,” Rath said. “Albany certainly doesn’t know what is right for upstate and New York City does not know what’s right for upstate in regards to masks, vaccination and social distancing.

“Let’s empower our local school districts to come up with a strategy which is correct and appropriate for them. A rural and an agricultural school district is very different from an urban school district.”

Hawley said that he has been talking to superintendents in the area, and noted that some districts have already released their guidelines – many of them recommending, but not requiring, masks in the classrooms.

“Just three weeks ago, when the former governor was still in office, his commissioners and health department came up with a rule that said that locals should decide, that local county health departments and school districts and school boards should come up with their own plans because they know their area, their people and their percentage of positivity the best,” he said.

“Just look at the number of folks who live in New York City and the boroughs. Each of those boroughs have their uniqueness and their own response to the pandemic. Right now, oddly enough, NYC has the lowest positivity rate in the state.”

Hawley said counties should be able to decide for themselves, and that school districts reacted to what came out of Albany and we’re preparing accordingly.

“And then all of a sudden we have the new governor coming out with masks for all,” he said. “One size just does not fit all.”

ON EMERGENCY POWERS FOR GOVERNOR

Rath said he has “serious concerns” as far as reinstituting the governor’s emergency powers.

“What we saw in New York State was a unilateral approach from Governor Cuomo when he had the emergency powers, and I thought that it was inappropriate,” he said. “The state Senate and the state legislature, overall, is a co-equal branch of state government. No governor should have extended, unilateral emergency powers for decision-making, no matter if it’s a pandemic or if it’s times when we are not confronted with something like a pandemic.”

He said he would be vocal in his opposition to that for Hochul “because the Senate and the Assembly need to have a seat at the table and be a part of the decision-making process.”

Hawley said he wasn’t in a position to “guess” on whether that would happen or not, but shared that, again, “we don’t need a singular individual making up rules, regulations and mandates across the state …”

ON WORKING WITH GOV. HOCHUL

Both legislators said Western New York and the Finger Lakes Region should benefit from Hochul’s ascension to governor, but will be sure to remind her of this area’s needs and priorities.

“Kathy has represented this area as a county clerk, certainly as a member of the Hamburg Town Board as well as in Congress. So, she has a high level of awareness of our issues and our priorities,” Rath said. “She’s also going to improve the tone and tenor of our state government, there’s no question about that. The toxicity, if you will, of Governor Cuomo was really difficult to work within and we’re going to have a vast improvement there as well.”

He said Hochul knows the issues in this area, and “I’m going to be a very loud voice reminding her to prioritize what needs to be accomplished here in our communities.”

Hawley, noting that Hochul, a Democrat, represented most of his Assembly district, said he’s hopeful that she “remembers her roots, each of the restaurants and each of the churches, and the Holland Land Office and Orleans County, and remembers what it is like where we live as opposed to what it is like where folks from New York City live.”

He acknowledged that downstate lawmakers, due to the huge population they represent, tend to have more influence than others, but is hopeful that she will “do the right thing.”

“This mask mandate is not indicative of that, but we’re going to continue to work with her,” he said. “Personally, I like her, and we’ve always gotten along well together. Hopefully, she remembers that regardless of where we’re from, we’re all New Yorkers.

“We’re all residents of New York State, and we have different needs, wants and desires, and they ought to be recognized.”

Solar company hosted open house in Elba

By Press Release

Press release:

Hecate Energy, a leading developer, owner, and operator of renewable power projects and energy storage solutions in the United States, held an informational open house on August 25. Located under a pavilion at the Elba Village Park, the event was designed to inform members of the community about the proposed Cider Solar Farm. More than 50 attendees were present to learn about the scope of the project and the ways in which the local community and environment are expected to benefit.

Due to health and safety concerns related to the coronavirus, Hecate has held three prior informational open houses in a virtual format. In this in-person event, Hecate’s first relating to the Cider Solar Farm since the outset of the pandemic, guests were able to visit educational stations while enjoying refreshments catered by Chap’s Diner, a local restaurant. Representatives from Hecate Energy were on hand to discuss the information and answer questions.

“I think the people in this area were really happy to be able to come out and see why we’re so excited about this project,” said Harrison Luna, Cider Solar Farm’s project developer. “It was also an opportunity to hear some specific concerns from residents and how we can improve the project to address them. In most of these cases, we are able to refine our design to address such concerns.

The proposed Cider Solar Farm is expected to create over 500 construction jobs and will be capable of supplying 920,000 megawatt-hours of renewable electricity per year – enough to power over 120,000 average New York households

Project at Batavia's Wastewater Treatment Plant is nearly complete

By Press Release

Press release:

A Million dollar capital project to replace the air header system at the Waste Water Treatment Plant (WWTP) is nearly complete.  This morning the air delivery system was placed back in service for all three ponds serviced by the line.  

Over the next week, we are hopeful that there will be marked improvements of odors coming from the Waste Water Treatment Plant as the ponds recover from the previously compromised air supply.

The City advanced the project to the top of the capital improvement list for 2021, but supply chain delays delayed the project by about two months.  Upon material delivery, Keeler Construction Company of Albion, NY, worked an accelerated schedule to get the system back in service.  Other than the incidental, restoration the project is substantially complete.  

Flows from users with heavy constituents will be added back into the system gradually over the next few weeks to ensure that there is not a major impact on the system. 

Ended by Supreme Court, eviction moratoriums have hurt property owners at every level, local landlord says

By Mike Pettinella

The U.S. Supreme Court’s recent decisions to put an end to eviction moratoriums imposed due to the COVID-19 pandemic were long overdue, according to a Batavia landlord who says months and months of not receiving rent have affected property owners big and small.

“There’s probably 50 percent of the houses in Batavia that are rentals and have landlords, and it really has affected people,” said Duane Preston, owner of Preston Apartments LLC. “A lot of it affects the little guys. If you have one or two houses and have tenants that aren’t paying, that really hurts.

“That’s 50 percent of your income that’s coming from the rent. The other 50 percent, you have to pay taxes and utilities. You’re not going to make the mortgage.”

Preston said that large city property owners with sprawling apartment complexes or housing developments have been severely hampered.

“We’re in a little town of Batavia, where we have a feel of who we have for tenants. But go to the big cities like Buffalo or Rochester, and you have hundreds and thousands of units, that will really affect them a lot more than just little me,” he said.

While landlords across the country are out billions of dollars in back rent, they now have the right to evict tenants due to the Supreme Court’s ruling on Thursday to allow evictions to resume.

The highest court’s Conservative majority blocked the Biden administration from enforcing a temporary ban enacted by the Centers for Disease Control.

The Associated Press reported that about 3.5 million Americans will no longer have these protections, stating the CDC did not have the authority to re-institute the moratorium without “explicit congressional authorization.”

Prior to that, on Aug. 12, the court struck down New York State’s eviction moratorium, known as the COVID Emergency Eviction and Foreclosure Prevention Act, which had been set to expire on Aug. 31.

Per a story in The New York Post:

“Renters no longer can evade evictions “by submitting a hardship declaration form to the state explaining lost income due to the pandemic or that moving would harm their health. A separate measure protecting renters who can prove to a court they’ve suffered because of the pandemic remains in place.”

Preston said New York’s rental assistance program is good in theory but has failed for two basic reasons: bureaucratic red tape in processing and the state holding most of the $2.7 billion in relief for tenants and landlords that it received from the federal government.

“The rent relief program money which is in the hands of New York State – only about 10 percent of that money has gone out, out of $46.5 billion (nationwide) that has been set aside for rent relief.,” he said. “How is that helping the landlord right now? It’s not. That money should be out to stop the evictions.”

He said that he has been stuck between a rock and a hard place.

“It’s not the rent relief program – that’s great if you can get the money – but you’ll still have tenants that just won’t pay and won’t help you get your money (by enrolling in the rent relief program),” he said. “They know they will be getting evicted after a year and a half that they’ve been in your house, and they don’t want to go through that process. So, the landlord is not going to get a dime. Those are the people we can’t get rid of.”

Preston said he regularly works with tenants who are late on their rent, but “it’s when the tenant doesn’t want to work with you; then we have no recourse.”

New York’s new governor, Kathy Hochul, earlier this week said she has a plan to expedite the $2.7 billion.

According to a story in The New York Daily News, Hochul said, “I am not at all satisfied at the pace this COVID relief is getting out the door. I want the money out now, with no more excuses and delays.”

Her office, per the story, indicated that steps to distribute this money include hiring more staff to process applications, implementing a rapid review of the program’s “workflow,” and reassigning 100 contracted staff to work solely with landlords to complete pending applications.

Batavia's ethnic roots reflected in bakeries that used to dot the city

By Anne Marie Starowitz

Over the years bakeries found homes on the corners of many Batavia streets, especially Ellicott Street.  There was nothing like the aroma of freshly baked bread wafting through the store.  It was a smell of comfort.

One of the earliest bakers was Louis Uebele, who came from Germany and settled in Batavia in 1900.  He was responsible for baking all of the bread that was served at the newly built New York State School for the Blind.  His building was on the corner of Main and Center Street.  That location had several owners over the years and was known at various times as Henning’s, Williams’ Bakery, and Andrews’ Bakery.  There were other bakers who baked out of their homes for their neighbors.

In 1905 the Hiscutt Brothers, Arthur and Robert, started a small business at 240 Ellicott St.  The business expanded and the brothers bought a lot on Center Street south of the Masonic Temple.  In 1921 the Hiscutts bought the lot next door to be used as a garage and shipping room.  They delivered baked goods via horse and wagon even though automobiles were a new commodity.  The Hiscutt Brothers ran a very successful business for more than 25 years.  By 1932 the completion of chain store bakeries was cutting into their profits.  In 1937 the Genesee Trust Company took ownership of the business.  It was then sold to R. Walter Riehlman of Tully, NY.  He changed the name to The Table Top Bakery. 

Table Top Bakery renovated the former Hiscutts’ building.  Two delivery routes were established and the cream and orange International trucks could be seen on the roads.  Eventually, Table Top Bakery was servicing nearly all of Genesee County.  Two 300-loaf ovens were in use 24 hours a day supplying bread and other products to meet the needs of their customers.  A retail shop was maintained at the plant for the convenience of local shoppers who opted out of the delivery service.

Quintalino and Lucia (Zinni) Prospero had a bakery on Ellicott Street.   Mr. Prospero was a skilled baker who emigrated from Abruzzo, Italy, and ran the Prospero Bakery at 421 Ellicott Street in the early 20th century.  Mr. Prospero trained Mr. Colangelo who later opened a bakery on Ellicott and Mr. Saracini who opened a bakery on Liberty.  Unfortunately, there was a fire at Prospero's bakery in the mid-1930s that resulted in the closing of the bakery.  Prospero's Bakery was the original Italian bakery in Batavia. It was remembered as the bakery that sold day-old bread for one cent to the poorer families.  

Colangelo’s Bakery was located on Ellicott Street and was commonly known as the Ellicott Bakery.  It was originally called Alexander Colangelo’s Bakery.  In the ‘30s there was a second Colangelo’s run by Nicholas Colangelo on 119 Liberty Street.  Nicholas Colangelo’s bakery closed in 1937 and Alexander Colangelo’s bakery was open until 1973.

Casmir Stomper came to Batavia from Poland in 1925.  He became familiar with the locals when, with a basket of bread over his arm, he went door to door making deliveries in the neighborhood. In 1930 he opened a Polish bakery at 208 Swan Street.  He later moved his bakery to 400 Ellicott. The bakery had a deep stone oven; an oil burner heated the bricks.  This way of baking was considered outdated and so were the wooden boxes that were used for the rye bread to rise.   Stomper’s customers did not notice the outdated equipment; they just wanted their famous rye bread. His son Jack ran a bakery on Oak Street. After his father died he moved to the Ellicott Street Bakery and continued the tradition of baking rye bread using the old family recipe. Stomper’s was known for the hearth-baked bread and many Polish delicacies such asrugalske, plechunki, placki, bobka, and piatzek.  All of his goods were made from scratch.  He learned his baking skills from an Army baking school during WWI and he also attended a national baking school in Chicago. Jack’s wife Veronica died in 1986.  He lost interest in the bakery and his customers were left without their famous rye bread and cakes.

Grundler’s bakery was a popular bakery run by Louis Grundler and later his two sons, Louis and Harold.  The shop opened in 1934 but Louis Grundler had been selling baked goods in Batavia long before that.  He came to Batavia from Bavaria when he was about 16 years old to work at Schwab’s Bakery in Rochester.  In the late ‘20s, he ran a bakery on Jefferson Avenue in Batavia called Scott’s.  He was looking for a business to buy and eventually found one in Oakfield.  About 1933 Mr. Grundler came back to Batavia and sold baked goods from a shop at 12 Main Street.  He continued to bake in Oakfield and brought his baked goods to Batavia by trucks.  A year later he leased 52 Main Street and moved his business and all of his equipment to Batavia, the mixing and kneading machine, bread slicer, the bake ovens, and the rest is history.  While on shopping trips to Batavia, many county residents would stop at the bakery to pick up a loaf of salt-rising bread, its buttery dinner rolls, or one of its specialty pastries.  Grundler’s Bakery served Batavia for more than 30 years.

Saraceni bakery was located on 245 Liberty Street and was built by Arthur Saraceni. Mr. Saraceni baked in his home at 119 Liberty Street from the early ‘30s.  The new shop was a little cement block building, which he called The Bake Shop.  He sold bread and buns until 1956 when he sold out to Frank Pellegrino.

Francesco Pellegrino, who was the patriarch of the Pellegrino Family, bought Pellegrino Bakery located on 245 Liberty Street from Arthur Saraceni in 1955.  Graziano Pellegrino had a bakery business in Reggio Calabria, Italy.  In 1955 he came to America.  His father Francesco put him in the bakery business with his brothers Rocco, Frank, Joseph, and Carmen.  They ran the bakery until 1974 when Graziano suddenly passed on. Graziano’s sons Frank, Rocco, and Vincent, along with Mama Angelina, took over the business and ran it in the proud Pellegrino tradition. Eventually, by 1980 Frank was left to run the business.  He moved the business to Center Street then in 1986 to Liberty Street across from the Pok- A- Dot.  He built a beautiful new building and the business tripled.  In 1991 Pellegrino Bakery closed.  In 1999 Pellegrino brothers Frank and Vincent were back with a new building, baking their famous Italian bread, rolls, doughnuts, pizza, pastries, and cookies.  In 2001 the business closed.   The building and property were sold and the building became the home of Ficcarella Pizza.

Once again a delicious part of our history is gone, but what is left are the scrumptious memories of warm bread, rolls, doughnuts, pastries, and many other delicacies that are perhaps not good for a person to consume in large quantities!  Long-time Batavia residents can almost close their eyes and still remember the aromas as you opened the door into these treasures of Batavia’s past.

Author's Note: Not all bakeries are listed in this article but would love to hear from those that were missed.

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